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Asmita   19 November 2020

Assignee and the rp in the insolvency


I want some guidance on this.

Can Assignee under section 60(5) IBC come before the NCLT for declaration that the act of RP not filing Form FA submitted by the Assignee before constitution of CoC. 

In this situation the RP taken stand that the Assignee has been given opportunity of filing his claims but instead of doing the same he submitted From FA with the RP and also taken stand that RP is bound by law to constitute the CoC within time bound..

Please guide me on this if anyone has ever dealt with these kind of matters..


 2 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     20 November 2020

One can file under sec 60(5) interim relief or loss or additional claim in IBC Code

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